Opinion
Motion No: 2010-03169 Index No. 16059/08 M127640
10-21-2011
Mindy R. Zulberg, respondent, v. David J. Zulberg, appellant.
, J.P.
RANDALL T. ENG
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
The defendant, David J. Zulberg, having appealed to this Court from an order of the Supreme Court, Queens County, dated March 5, 2010, and having perfected the appeal on December 17, 2010, and the respondent, Mindy R. Zulberg, having filed a brief on February 18, 2011, the matter was placed on this Court's calendar for September 13, 2011. By stipulation dated September 12, 2011, the appeal was withdrawn. The letter submitted by the attorney for the appellant, which was attached to the stipulation, advised this Court that the case had settled in June 2011. By order to show cause dated September 23, 2011, counsel for the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions as the Court may deem appropriate pursuant to 22 NYCRR 670.2(g) upon the parties or their respective counsel.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Mallow, Konstam, Mazur, Bocketti & Nisonoff, P.C., counsel for the appellant, is directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,
ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, Sager & Gellerman, counsel for the respondent, is directed to pay a sanction in the sum of $100 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,
ORDERED that the Clerk of this Court, or his designee, is directed to serve counsel for the parties with a copy of this order; and it is further,
ORDERED that within 10 days after payment of the respective sanctions, Mallow, Konstam, Mazur, Bocketti & Nisonoff, P.C., and Sager and Gellerman, shall each file proof of payment with the Clerk of this Court.
Section 670.2(g) of the rules of this Court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]). Here, counsel for the parties notified the Court that the case had settled after the appeal had been calendared, although the settlement had occurred in June 2011. Thus, under the circumstances, sanctions in the amount set forth above are warranted.
DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court